SHAMBHOO NATH MEHROTRA Vs. NAWAL KISHORE AGARWAL

JUDGEMENT

(1.) THIS petition by a landlord is directed against an order passed by the learned IX Additional District Judge, Kanpur allowing a revision filed by the tenant, respondent No. 1, under Sec. 25 of the Provincial Small Cause Courts Act and dismissing the petitioner's suit for the tenant's eviction.

(2.) THESE are the relevant facts : The petitioner is the landlord and the respondent No. 1 the tenant of an accommodation on the first floor of house No. 11/291 Souterganj, Kanpur. The petitioner filed a suit for the ejectment of the respondent No. 1 on the ground of default. It was alleged that the respondent No. 1 was in arrears of rent from 3-4-1974 amounting to Rs. 2,346.66 P which he failed to pay despite a notice of demand duly served on him. A decree for damages for use and occupation etc. was also claimed in the suit.

(3.) IT was not disputed before me by the learned counsel for the petitioner that if all the aforesaid amounts are taken into account they would together be more than sufficient to cover the amount which was required to be deposited under section 20(4) of the aforesaid Act.